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TMI Blog2020 (2) TMI 172X X X X Extracts X X X X X X X X Extracts X X X X ..... ashed - application disposed off. - CRL.M.C. 1189/2018 and CRL.M.A. 4326/2018 (stay) - - - Dated:- 30-1-2020 - MR. MANOJ KUMAR OHRI J. Petitioner Through: Mr. Nihit Dalmia, Advocate Respondents Through: Dr. M.P. Singh, APP for State 1. The present proceedings are instituted under Section 482 Cr.P.C. seeking quashing of the Complaint case No.696/2017 filed under Section 138 of Negotiable Instruments Act, 1881. 2. Vide order 01.04.2019, it was noted that the complainant/respondent No.2 was duly served. However, noting that neither the complainant nor his counsel appeared, he remained unrepresented and vide order dated 26.09.2019, his right to file reply was closed. 3. Learned counsel for the petitioner submitted that a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ithholding the petitioner s salary as the petitioner was an employee of the complainant. The complainant has deposited and withdrawn cash amounts in the account of the petitioner by misusing his cheque books for which the petitioner had filed a complaint dated 15.12.2016 with the Branch Manager of the bank. 6. In Kamlesh Kumar (supra), Supreme Court held as under:- 15. It is, thus, apparent that he received the information about the dishonor of the cheque on 10.11.2008 itself. However, he did not send the legal notice within 30 days therefrom. We, thus, find that the complaint filed by him was not maintainable as it was filed without satisfying all the three conditions laid down in Section 138 of the N. I. Act as explained in pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion of the notice would. 8. In Sivakumar (supra), it was further held as under:- 10. We may, however, at the outset notice that both clauses (a) and (b) of the proviso appended to Section 138 of the Act employed the term within a period . Whereas clause (a) refers to presentation of the cheque to the bank within a period of six months from the date on which it is drawn, clause (b) provides for issuance of notice to the drawer of the cheque, within thirty days of the receipt of information . The words within thirty days of the receipt of information are significant. Indisputably, intimation was received by the respondent from the bank on 3-12-2003. 11. Parliament advisedly did not use the words from the date of recei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... return of the cheque as unpaid . So fifteen days are to be counted from the receipt of information regarding the return of the cheque as unpaid. In the present case, it is the say of the complainant that the cheque was presented for encashment on 12th; it was returned to the Bank on 13th and information was given to the complainant only on 17th, as 14th, 15th and 16th were Pongal holidays. The learned counsel fairly pointed out that in the complaint it has been stated that the complainant had received intimation with regard to the return of the said cheque from his banker on 13-1-1994. However, he submitted that this is an apparent mistake and for explaining that mistake the appellant has led the evidence before the trial court. Undisputed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a colony Branch DELHl-31, but it was utter surprised when the said cheque was returned unpaid and was dishonoured by the banker of accused with the remarks FUNDS INSUFFICIENT Vide returning memo dated 02.01.2017. 6 That immediately complainant contacted accused and disclosed about dishonour of said cheque and demanded the cheque amount in cash, but it was utter surprise to complainant when accused did not give any satisfactory answer. 7 That consequently, the complainant sent a legal notice dt. 06.02.2017 through speed post/registered post, vide postal speed post No.ED242453767IN and registered postal receipt No.RD638849549IN dt. 6.2.2017 . 11. The evidence by way of the affidavit filed by the complainant before the trial c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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